This esteemed panel will discuss the use of online forums by brokers, such as Carrier411 (FreightGuard), and the risks brokers (and carriers) may encounter by such use. The discussion will focus on the posts made by member brokers from different perspectives, including the risk of potential defamation claims against brokers who post, how motor carriers can protect themselves from false reports, and whether brokers can (or should) rely upon information posted by other brokers in selecting or rejecting motor carriers.

MODERATOR: Alexandra Celio, Simon, Peragine, Smith & Redfearn

PANELISTS: Hillary Arrow Booth, Booth LLP

John Franklin, Director, General Counsel, FLS Transportation Services

Fred Marcinak, Mosely Marcinak

The litigation landscape has seen a proliferation of reptilianbased theories of recovery that motor carriers were negligent in failing to use every vehicle and safety-related technology available on the marketplace. Theories like, “had the motor carrier been monitoring the live stream from the inward facing dash cameras, it could have coached the driver in real time on distracted driving, avoiding the collision made the basis of suit.” While the relative strength (or, more likely, weakness) of these theories is self-evident to even

the most casual of participant in the motor carrier industry, they nevertheless are gaining traction and are requiring novel defensive approaches, whether proactive education of plaintiff’s counsel, retention of industry and technology experts, and more. The theories also draw into sharp contrast the relative disadvantages and challenges of implementing new and constantly evolving technology: data privacy implications, implications for workforce turnover and morale, and even increased exposure for faulty or improperly utilized technology. This panel will operate as a refresher on current developments in safety technology available to motor carriers (both its functionality and its intersection with data and privacy laws and rights), benefits and drawbacks to the technology, and keeping pace with ever developing theories of recovery premised on the technology.

MODERATOR: Scott Carey, Baker, Donelson, Bearman, Caldwell & Berkowitz P.C.

PANELISTS: Joshua Moore, Director, Transportation Safety and DOT Compliance, Vulcan Materials Company

Kimberly A. Chojnacki, Baker Donelson

Dan Lambert, Senior Director, Product Management, Lytx

This panel focuses on the quickly changing legal landscape governing independent contracting among the states and federal government. Our law practices and advice must be focused to anticipate changes and also to educate our clients, industry, and lawmakers on how these changes impact the livelihoods of truckers and the vitality of a struggling trucking industry. Independent contractors have been an integral and vital part of the US economy, competitiveness, and our clients’ businesses for years. The threats of litigation and the cost of changing operating models must be anticipated and addressed. There are also major initiatives under way to challenge the changes and educate lawmakers on the advantages truck owner operators provide to the industry—especially in spot markets where efficiency and quick scalability is vital to the supply chain. Our panelists are active in bipartisan lobbying efforts and will share the key issues and struggles in managing the independent contractor issue with lawmakers and regulators.

MODERATOR: Kristen Johnson, Flexport, Inc.

PANELISTS: John Kellenberger, US1 Industries Inc.

Scott Brenner, Crossroads Strategies LLC

Gregg Troian, PGT Trucking

Peter Quinter will moderate an informative and entertaining debate about the international trade policy of the United States with a focus on the production, transportation, and importation of steel. To be debated and discussed: economic sanctions, trade with China, protectionism, antidumping and countervailing duties, national security, and unique challenges of transporting bulk steel. With a mix of in-house, government, and outside counsel, this panel will touch on the history of Pittsburgh and bring us to modern day.

MODERATOR: Peter Quinter, Gunster

PANELISTS: John Clark, Manager, Business Advisory Services, US-China Business Council

Latasha Johnson, Ehrenstein Sager

Mark V. Santo, Umbra Group United States

The tripartite relationship involves the insurer, its insured and the counsel retained by the insurer to represent the insured in the defense of a claim. The underlying concept is that these three parties are in a coalition to work together to reach a favorable, mutually beneficial resolution to the claim at issue. Their interests are aligned inasmuch as it is in the best interests of the insured and the insurer for the claim to be resolved as quickly and for as little as possible, either in defense costs or damages. Many policies give the insurer the right to control the defense, including the selection of defense counsel. In some cases, counsel has a preexisting relationship with the insurer, and in others with the insured. Regardless of whether any such prior relationship exists, an attorney-client relationship is always created between appointed counsel and the insured, with the insured being owed a duty of undivided loyalty by counsel. Join this panel for a discussion rooted in conflicts, as we discuss practical considerations when issues on coverage arise, an insured client fails to cooperate, and generally when matters do not run as smoothly as anticipated.

MODERATOR: Megan Faust, Roetzel & Andress 

PANELISTS: Patrick Bobo, Sweeping Corp of America
Robert McDonald, McGriff